Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11513 of 2022 Arising Out of PS. Case No.-389 Year-2020 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== DILKHUSH KUMAR S/O LALAN SINGH R/o village- Tikarampur Devantola, P.S.- Muffasil, District- Mugner ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sima Kumari D/o Hareram Thakur R/o village- Tikarampur Devantola, P.S.- Muffasil, District- Mugner ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 376, 323, 504 of the Indian Penal Code and Section 4, 8 of the POCSO Act. As per the prosecution case, this petitioner committed rape upon the complainant.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case and he has committed no offence. Earlier, Mahila P.S. Case No. 17 of 2020 under Section 354(B)/34 of the I.P.C. was lodged by the same complainant against the petitioner, in which, after investigation, police submitted final form stating the case to be false and thereafter,

Patna High Court CR. MISC. No.11513 of 2022(2) dt.11-08-2022 2/2 the present complaint case has been filed. The entire complaint is false and concocted. It is further submitted that earlier in the Mahila P.S. Case No. 17 of 2020, the complainant had levelled the allegation of misbehaviour against this petitioner, which was found not true. Petitioner claims clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court (POCSO Act) cum ADJ-VI, Munger in connection with Complaint Case No. 389C of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T